Tasmanian Numbered Acts

INTESTACY ACT 2010 (NO. 19 OF 2010)

- Act 19 of 2010
- Royal Assent 14 October 2010

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Purpose of Act
   4.      Interpretation
   5.      Intestate
   6.      Spouse
   7.      Spouse's statutory legacy
   8.      Survivorship
   9.      General limitation of non-spousal entitlements
   10.     Adoption

   PART 2 - Spouse's EntitlementsNote In the case of an Indigenous
   estate, this Part is subject to exclusion or modification by a
   distribution order under Part 4 . Division 1 - Entitlement of
   surviving spouse

   11.     Application of this Division
   12.     Spouse's entitlement where there are no issue
   13.     Spouse's entitlement where issue are also issue of the spouse
   14.     Spouse's entitlement where at least one issue is not issue of the
           spouse

           Division 2 - Spouse's preferential right to acquire property from
           the estate

   15.     Application of this Division
   16.     Spouse's right of election
   17.     Notice to be given to spouse of right of election
   18.     Time for making election
   19.     How election to be made
   20.     Basis of election
   21.     Exercise price – how satisfied
   22.     Restriction on disposal of property from intestate estate

           Division 3 - Multiple spouses

   23.     Spouse's entitlement where more than one spouse but no issue
   24.     Spouse's entitlement where issue are all issue of one or more
           surviving spouse
   25.     Spouse's entitlement where any issue are not issue of a surviving
           spouse
   26.     Sharing between spouses
   27.     Distribution orders

   PART 3 - Distribution Among RelativesNote In the case of an
   Indigenous estate, this Part is subject to exclusion or modification
   by a distribution order under Part 4 .

   28.     Entitlement of children
   29.     Parents
   30.     Brothers and sisters
   31.     Grandparents
   32.     Aunts and uncles
   33.     Entitlement to take in separate capacities

   PART 4 - Indigenous Estates

   34.     Application for distribution order
   35.     Distribution orders
   36.     Effect of distribution order under this Part

   PART 5 - Absence of Persons Entitled

   37.     Intestate leaving no persons entitled
   38.     State has discretion to make provision out of property to which it
           becomes entitled

   PART 6 - Miscellaneous

   39.     Non-deferral of interest of minor
   40.     Effect of disclaimer, &c.
   41.     Effect of testamentary and other gifts
   42.     Administrator may cease to search for next of kin in certain
           circumstances
   43.     Administrator may pay funds of estate to persons where search has
           ceased for next of kin
   44.     Where search has ceased for next of kin and no persons entitled
           are located
   45.     Administration of Act
   46.     Transitional provision

   PART 7 - Administration and Probate Act 1935 Amended

   47.     Principal Act
   48.     Part V repealed

   PART 8 - Duties Act 2001 Amended

   49.     Principal Act
   50.     Section 199 amended (Exemptions)

   PART 9 - Testator's Family Maintenance Act 1912 Amended

   51.     Principal Act
   52.     Section 9 amended (Contents of order)


[ Note: This table has been automatically generated and may be incomplete. ]